Other conditions decisions — 2020

The Board denied the Veteran's claim for service connection for a heart disability, including coronary artery disease and as due to herbicide exposure. The evidence did not support a finding that his heart condition was related to service or herbicide exposure.

The Veteran's claim for special monthly pension based on need for aid and attendance was granted, effective May 6, 2016. However, the financial eligibility requirement for special monthly pension was not met due to the Veteran's income exceeding the maximum annual pension rate.

The Board has remanded the case due to the need for an opinion regarding whether the Veteran's MDS and diabetes, presumed related to herbicide exposure, contributed to his death.

The appellant is not entitled to additional payment of accrued benefits as he has already received reimbursement for the $7,352.44 paid for the Veteran's funeral expenses and there is no evidence that additional money was paid by him for the Veteran's funeral or last sickness.

The Board denied service connection for myelodysplastic syndrome, finding that the evidence did not support a link between the condition and in-service exposure to ionizing radiation. The preponderance of evidence weighed against the Veteran's claim.

The Veteran's appeal for an increased evaluation of his service-connected left epididymo-orchitis with left hydrocele and a TDIU is being remanded due to the need for additional evidence, including VA treatment records and private medical records. The AOJ must also schedule the Veteran for a VA examination and complete any necessary evidentiary development for the TDIU claim.

The Veteran's left eye blindness is not considered an additional disability caused by VA medical care, as the surgery was performed to treat glaucoma and did not cause or contribute to his blindness. The Board found that there was no evidence of negligence in the March 2003 surgery.

The Board found that VA properly adjusted the Veteran's non-service-connected disability pension benefits to account for changes in his and his spouse’s Social Security benefits, reducing them from $1,653.00 per month to $789.00 per month due to the inclusion of their income.

The Veteran's exposure to ionizing radiation during World War II is not considered for benefits related to the appellant's breast cancer, as she does not meet eligibility criteria due to lack of spina bifida or a Vietnam veteran mother.

The Board has decided to remand the case due to inadequate medical opinions and failure of the Veteran to provide necessary private medical records. The claim will be returned for further development.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and requests that both parties provide updated information regarding their monthly income and expenses, as well as any child support records. The case is being remanded for further action.

The Board has remanded the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) for further development and readjudication.

The Board found that the reduction in VA disability compensation benefits due to concurrent receipt of military pay was proper and denied the appeal.

The Board has remanded the case due to incomplete records and insufficient consideration of potential service connection for the cause of death. The Appellant is asked to provide any missing medical records and nexus opinions.

The Board has remanded the cases for a new medical opinion regarding the etiology of the Veteran's bilateral hand disabilities, including cold injuries during service.

The Board has remanded the case due to the need for a medical opinion regarding whether the Veteran's lung cancer was a primary site, if service-connected hemorrhoids were a contributory cause of death, and if any cancer had its onset or was otherwise related to service, including presumed exposure to herbicides.

The Veteran's claim for service connection for residuals of a hole in the maxillary sinus is being remanded due to an incorrect characterization of his condition and need for further evaluation by a VA dental examiner.

The Board has remanded the case due to a lack of substantial compliance with previous remand directives regarding the issue of special monthly pension based on aid and attendance of another person or housebound status. A new VA medical examination is required.

The Board has remanded the case due to incomplete information provided by the Veteran regarding his income and spousal support payments. The appellant's July 2019 substantive appeal was not provided to the Veteran, and updated financial information is required.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for bilateral upper plexus stretch injuries secondary to cervical spine surgery, finding that there was no negligence or fault on VA's part and that the additional disability was not reasonably foreseeable.